If you find yourself with some spare (non-commuting) time – having bought enough toilet roll and cake to last a lifetime – and have settled into this new ‘normal’, here are some ideas to help you be prepared for opportunities after lockdown. Read the full edition here If banking can
In English law, most contracts do not need to be in writing to be valid. However, not every conversation leads to a contract… so how do the courts draw the line? Tell-tale signs After a telephone call between two businesses, one claimed £1m in fees from the other for services
Regular readers will know that my newsletter pops into their in box at 9am sharp on a Thursday… and it’s been getting later recently. Much of that reflects how busy I am trying to make sense of contract issues arising out of Covid-19. Read the full edition here If you
Let’s be clear, taking a contract that is not fit for purpose and digitising it will not magically create a smooth, effective contracting process. It is not about the technology. Digital contracts are legal. But they also need to be simple – contracts should be read, understood and used. Online
Last time I said no-one was reading their contracts, and suddenly everyone is. Without treading where others fear to tread ie delving into the fine print, how could you approach this situation? Read the full edition here No such thing as a right decision https://www.youtube.com/watch?v=k9wWtCgkq1k
Although you can agree pretty much anything you like under freedom to contract, there are some restrictions on that freedom: legislation: laws can mandate minimum requirements, outlaw certain terms and allow others only within specific parameters contract: a contract can restrict the parties’ rights in the future on a specific
Although most contracts do not need to be signed to be effective (and legally binding), guarantees are an exception. The 1677 Statute of Frauds requires all guarantees to be: in writing (or a note of memo of it is in writing) signed by the guarantor. This distinction means oral guarantees
The first rule of Fight Club is no-one talks about Fight Club. Is then the first rule of contract club that no-one reads the rules of contract club? Read the full edition here Do you want to join my version of the Tufty Club? https://www.youtube.com/watch?v=YxvrVixoJlI&feature=youtu.be
Construction contracts contain a plethora of terms which require one party to give a notice to the other party. This used to require hard copy documents to be sent by post or fax. We have moved with the times, and many notices can now be provided by email to a
“But it’s obvious!” That’s a phrase guaranteed to make you feel stupid. Did you miss something? Is it staring right in front of you? Or does the other person know or can see something that you can’t? What if the problem was based on assumptions? Read the full edition here The